Opinion
DRB 22-054
06-21-2022
In the Matter of Leonard Roy Boyer
Leonard R. Boyer, Esq. Robert E. Ramsey, Esq. JOHANNA BARBA JONES CHIEF COUNSEL TIMOTHY M. ELLIS DEPUTY COUNSEL BARRY R. PETERSEN, JR. DEPUTY COUNSEL NICOLE M. ACCHIONE ROCCO J. CARBONE, III ASHLEY KOLATA-GUZIK NICHOLAS LOGOTHETIS RACHEL J. NGUYEN ASSISTANT COUNSEL
District Docket No. XI-2019-0021E
Leonard R. Boyer, Esq.
Robert E. Ramsey, Esq.
JOHANNA BARBA JONES CHIEF COUNSEL
TIMOTHY M. ELLIS DEPUTY COUNSEL
BARRY R. PETERSEN, JR. DEPUTY COUNSEL
NICOLE M. ACCHIONE ROCCO J. CARBONE, III ASHLEY KOLATA-GUZIK NICHOLAS LOGOTHETIS RACHEL J. NGUYEN ASSISTANT COUNSEL
HON. MAURICE J. GALLIPOLI, A.J.S.C. (RET.), CHAIR PETER J. BOYER, ESQ., VICE-CHAIR JORGE A. CAMPELO THOMAS J. HOBERMAN REGINA WAYNES JOSEPH, ESQ. STEVEN MENAKER, ESQ. PETER PETROU, ESQ. EILEEN RIVERA ANNE C. SINGER, ESQ.
LETTER OF ADMONITION
Dear Mr. Boyer:
The Disciplinary Review Board reviewed your conduct in the above matter and concluded that it was improper. Following a review of the record, the Board determined to impose an admonition for your violations of RPC 1.1(a) (gross neglect) and RPC 1.3 (lack of diligence).
Specifically, on January 29, 2018, Christopher Gryszkin retained you to file a motion to vacate a default judgment in the Superior Court of New Jersey, Passaic County, Law Division, Civil Part. Almost six months later, on July 27, 2018, you made your first attempt to file that motion. The court rejected the motion, issuing a deficiency notice, because you failed to provide the required proof of service. More than two months later, on October 4, 2018, you filed another deficient motion. Subsequently, on April 26, 2019, you filed a third motion, which the court docketed, despite your failure to file a supporting brief, as R. 4:50-1 requires. Ultimately, the trial court denied your motion, citing the deficiencies in your efforts to vacate the default.
You violated RPC 1.1(a) by filing Gryszkin's motion almost six months after having been retained and exceeding the filing deadline imposed by R. 4:50-2 by three months. You further violated that Rule by failing to file a brief with the motion, as R. 4:50-1 requires. Indeed, you admitted that, despite your awareness of that requirement, you disregarded it as "unnecessary."
Next, you violated RPC 1.3 by failing to correct the deficient motion for nine months. In total, you failed to file a compliant motion for fifteen months. Your delay in the initial filing, followed by your protracted failure to cure the deficiencies in the untimely motion, fell short of the reasonable diligence and promptness required of an attorney.
In imposing only an admonition, the Board considered your limited disciplinary history, consisting of a 1993 private reprimand (now, an admonition). The Board also considered, in mitigation, that your misconduct was not for financial gain and involved only one client matter. In aggravation, the Board considered your lack of remorse, as demonstrated by your repeated attempts to downplay your misconduct. The Board also considered the harm you caused to Gryszkin, who remained barred from participation in the litigation as a result of your untimely, deficient motion to vacate the default judgment against him.
Your conduct has adversely reflected not only on you as an attorney but also on all members of the bar. Accordingly, the Board has directed the issuance of this admonition to you. R. 1:20-15(f)(4).
A permanent record of this occurrence has been filed with the Clerk of the Supreme Court and the Board's office. Should you become the subject of any further discipline, this admonition will be taken into consideration.
The Board also has directed that the costs of the disciplinary proceedings be assessed against you. An invoice of costs will be forwarded to you under separate cover.